Draft House of Lords Reform Bill

Lord Campbell-Savours Excerpts

Tuesday 7th June 2011 Lords Chamber

[Lord Grocott]

My Lords, I strongly support the amendment in the name of my noble friend Lord Cunningham. I do so because it goes to the heart of what the debate about reform of the second Chamber should be. It focuses on the powers of the two Houses and the relationship between them, which, in my view, should be considered before we discuss the composition of the second Chamber. My noble friend is a cautious man and he has put down a cautious amendment. I would like it to be stronger. I would like the Cunningham committee to be reconvened so it can consider the new set of circumstances—which is exactly what it suggested in its report unanimously adopted by both Houses— before we go on to the second consideration, which is what the composition of the new second Chamber should be.

I am alarmed by the position of this Government, just as I was alarmed by the position of the previous Government. We have the constant repetition of the mantra of the primacy of the House of Commons as if that in itself will deliver the primacy of the House of Commons. I have heard Jack Straw say time and again, “Don’t worry, you’ve got the Parliament Act and the financial privileges of the Commons”. I have heard exactly the same from Nick Clegg. With regard to fatuous clauses—I do not want to be too rude in this—I thought the Leader of the House quite wisely read out Clause 2 rather quickly. I will read it more slowly so it can sink in. It says:

“Nothing in the provisions of this Act about the membership of the House of Lords … affects the primacy of the House of Commons, or … the conventions governing the relationship between the two Houses”.

If that is not a clause which is wishful thinking, I have not heard one. Why not have a clause saying that the new House shall have a turn-out, at elections, of at least 60 per cent? Why not have a clause saying that the new Senate will cost less than the old House of Lords? If you have wishful thinking clauses, then the options are pretty wide. I support my noble friend’s amendment but I do not think it goes far enough.

Following the comment of the noble Lord, Lord Pannick, regarding the date, I have to speak through the Leader of the House to the Deputy Prime Minister, who has been the prime mover of these things, whatever his current position. When a date is set for the committee to report, the phrase “Physician, heal thyself” comes to mind, because we have the precedent of the Clegg committee, which was set up in May last year and took 11 months to report. It had essentially the same remit as the proposed committee, but it had the massive advantage of being much smaller—it had eight members—and if I may say so without causing offence, they were hand-picked to agree. If you have a committee of eight members hand-picked to agree, I would suggest that that is likely to lead to a more speedy conclusion than one of 26 members of widely differing views. At the very least, considering that the Clegg committee took 11 months to make up its mind before anything was presented to the House, I would suggest that anything less than 11 months for the committee that is being proposed would be wishing for something that is probably unattainable.

Why does not the Leader of the House revert to his own good sense? When he set up the Goodlad committee—which was a Leader’s Group—he very wisely did not give it a date when it should report. I was very fortunate to serve on it, and it took, I think, nine months. That was without a date. It did a good job—very busy, hard work—and to expect a committee looking at the future of half of Parliament to report in less time than the Goodlad committee took, and substantially less time than the Clegg committee took, is wishing for an awful lot. I would appeal to the Leader of the House not to set a date and to indicate that the date is by no means binding. I would also appeal to him in his capacity as Leader of the whole House. As he repeatedly reminded us when our positions were reversed, the Leader of the House is not just leader of a great political party, as our leader was and is in this House, but is Leader of the whole House. As such, does he not agree that his prime responsibility to this House on Lords reform is to ensure that the 12 Members who speak for this House on the committee accurately reflect the division of opinion in the House on Lords reform? It is not entirely within his power to do that, but he could give the House advice. In the last poll that I saw, 80 per cent were opposed to a directly elected House. I do not wish to overstate my case, but I suggest that it would be appropriate for nine of the 12 committee members to have the good sense to wish to keep this House free from direct elections, which we know would damage the relationship between the two Houses.

[Lord Campbell-Savours]

My Lords, I will express a view that is shared by a minority in House—perhaps a very small minority. I start by saying clearly that I am in favour of a 100 per cent elected House. However, there are consequences to some words in the amendment of my noble friend Lord Cunningham about which we should draw out more information. He refers to the need for the committee to report on the draft Bill by 29 February 2012. In the event that the date were to pass and the committee had not reported but instead sought to report by February 2013, which would be distinctly possible because it will be in the next Session of Parliament, that would have implications both for the introduction of the legislation and the creation of the new constituencies. There must be a timetable. If one takes into account the fact that it is distinctly probable that the Parliament Act would have to be used to secure the passage of the legislation—because on the basis of what one hears, it would be impossible for this legislation to go through without the use of the Act—the Government must already have had in mind a timetable when they set the date of 29 February 2012. We as Members are entitled to know what the timetable is, taking into account the need to create the new constituencies and the fact that the Parliament Act may well have to be used.

[Lord Pearson of Rannoch]

My Lords, any proposed reform of your Lordships' House clearly puts the cart before the horse. Given that a majority—or at least a very great deal—of our national law is now made in Brussels, with the House of Commons and your Lordships' House irrelevant in the process, why do we not start by retrieving our democracy from Brussels for the House of Commons and your Lordships' House? We could then work out how the Executive will be held to account in the House of Commons by a new committee structure, perhaps with new powers for the House of Commons and your Lordships' House. When we have done that, we could work out the job that we want your Lordships' House or any second Chamber to do. Only when we have done that should we decide who we want to sit in the second Chamber and how they should come here.